beta
(영문) 서울동부지방법원 2014.04.04 2014노210

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. In 2009, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (refluence of measurement), and was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (refluence of measurement) even around 2012. However, there are some unfavorable circumstances to the Defendant, such as the Defendant committed the instant crime again during the suspended sentence period for the same crime.

However, the defendant's husband has been living in custody for two months in depth and against his mistake. The defendant's husband's business has disappearedd due to the so-called IMF situation, and his health has deteriorated around that time. The defendant seems to have been responsible for his family's livelihood, such as supporting her husband and senior mother with his husband, etc., since since 2004 to the recent years, the defendant had been living together with her husband, and the defendant has left after completing work with his usual house, he was contacted with his employee that the goods arrive in the warehouse, which he thought that she would be fine, and operated the vehicle as warehouse to receive the remaining goods, which the defendant thought that she would be fine, led to the crime of this case. When the defendant was sentenced to imprisonment with prison labor due to the crime of this case, his previous suspension of execution should be imposed for more than ten months, and there are no other circumstances that the defendant had been punished for the crime of this case, and there are no other circumstances that the defendant had been more favorable to the defendant, such as the above circumstances.

참조조문